MCU14/0087 - Notice of Submission - Cameron Howe

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    Notice of Submission under the Sustainable Planning Act 2009

 MCU 14/0087

Material          Change of Use - Retail Business Type 2 - Shop

13 Noosa Drive, Noosa Heads 4567



The following submission details the matters of concerns with the above application                                          and
material submitted,




Poorly made application

The application,           planning    report and. submitted          plans were of poor quality which made
understanding          how the businessMtould operate near impossible.

IDAS form 5 details the use as a Moveable Trailer yet fails to provide information                                of Hours of
operation        or employee          numbers.        Without    this information          it makes it problematic              in
consideration         of impacts of the ~evelopment             and in particular the provision of suitable, safe
and to aust standard carparking and access for existing and new customers to the site.

    G..,,,,,,I explanation 01 the        Planning scll!:me            No. ot dwellillg units    Days and          No. 01
    propOS<ld use                        definition Qnclude each      (if applicable) or        hoors of          employees
I
o
                                         dafinition   in a MW row)
                                         (non-mandaIO/)')
                                                                      gross Ooor area Qf
                                                                      applicable)
                                                                                                operation
                                                                                                (it applicable)
                                                                                                                  (if appficable)




Some of the submitted plans are numbered to make ease of reading and the legibility is poor.
Plans make reference to "paces" and are in a context that cannot be interpreted.

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  4.     Confinn     that the foll"",ng       mandatory   supporting   inronnatlon   accompanies    this appllc.alion


  Mandatory    supporting       infonnation                                                Conf1lTnation    of     Method of
                                                                                           lodgement               lodgemant

  All applications

  A site plan drawn to an appropriate scale (1:100, 1:200 or 1:500 are                      g.eonftnned
  recommended      scales) whicI1 shows the following:

  • tM   location and sne area of the land to which the epplication relales
    (relevant IancIl
  •    the north point
  •    the boundaries of Ille relevanlland

  •    any road lront~es     0' the relevant land, including Ille name of the roed
  •    tit. location 8nd use 01 any existing or proposed buildingS or S1nUClures
       on lIle relevant land (note: wt1<lre extensive demollUon or oew buildings
       are pnoposod. two separate plans (an Oldsling sile plan and ~              sita
       pls.) may be awoprialo)
  •    any e>Osting or proposed easements on tile relev'nlland
       function
                                                                     and their


  •    tlte location and """ 01 buildings on land adjoJnlng the relevant land
                     """"55
  •     all ••••hlde        points arxl any existing Or proposed car par1<lng area •
        on the relevant land. Ca, psrIdng .paces for persons wlth disabililies .nd
        any service vellicle acces. and parking should be cleaMy msrl<ecl
  •    for any new building on tho ",I"""nlland.   the ~        of refuse s10",1l"
  •    lIle locallon of any proposed retairing walls 00 thO nllevanltand arxl their
       helghi            •
  •    the location 01 any proposed landscaping on tho rel!van!lanil             .                                               I
  •    tne location 01 any stormwaler detenlioll on the relevant land .



The Mandatory             supporting           information       is lacking in its requirements              in regards to the site
plan provided and there is lack of detail in particular to car parking areas, provision for those
with disabilities, service vehicle access etc.

The applicant            confirmed            that   information         provided      demonstrated              the on site parking
provisions, yet the hand drawn plan (not numbered)                                    merely shows a line demonstrating
where access would occur and no direct provision or plans of car parking spaces.

 When the application         involves new operational       work

 Plans showklg tile naUlre. IOO8lion, number 01 new on-sile co, paoong bays,               .0'Confinmed
 proposed area of new landscaping, proposed type 01 new vehlde cross-ove'
 (non-reSidentla' useS), pnoposod maxlmum new vehl""I.,     ••••.••ldng
                                                                                            o   No( applicable

 arrangemant (ROIHesldenUsl uses) of the proposed new operational wort<.



The applicant has also confirmed that plans have been submitted                                           to meet this mandatory
requirement           but those provided do not achieve this requirement.

Due to the poor material submitted it is not possible to ascertain the use area, how operation
will occur, and how car parking will be provided.

Size and Scale of development
The submitted            plans suggest a use area of 9m2 yet this makes no provisions for how the
boards will be loaded and unloaded of trailer. These boards are up to 305m in length and
require to be removed from the trailer to provide to customers. This will in effect make the
use area of the business expand out from the footprint                                 proposed of 3.6m x 2.4m to approx.
7.5m x SAm            (40m2).     This is in estimation what will be required to service customers as they
chose the hire equipment from the trailer.

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The location of the trailer and the length of boards being removed will also create serious
 safety concerns regarding the existing access to the Hire Car business that operates and any
 new customers travelling onto the site through the existing heavily congested and conflicted
access point. Boards and customers will be required to stand into the driveway for the site
potentially   forcing pedestrians onto the road way as vehicles are blocked from entering the
site, in turn creating a serious safety concern where in the past 12 months one serious
accident involving a car and pedestrians occurred.

One plan labelled Sheet 1 of 3 has the proposed trailer located on the boundary with no front
setback, another plan sows a 2m setback. Again due to the poor quality of material submitted
it is hard to make an assumption of what is being requested.




Compliance with Relevant <:odes

With the submitted      planning material supporting      plans it is difficult to how the application
intends to meet the requirements       of the following   relevant Codes, their overall and specific
outcomes.

Business Use Code

  Car Parking
  09 Sufficient carpar1<ingis available to                59.1 Off street carparking is provided at a
  accommodate the number and type of vehicles             rate ofl space per 20m' of gross floor area;
  likelv to be oenerated bv the uses on the site

The applicant within the supporting      material has underestimated       the total use area of the
operation.    9m2   is not realistic and in a true sense the activity will require 40m2• As such
carparking need to be provided for 2 vehicle spaces, the included plans and description do
not detail how and where this will occur to the relevant standard.

Driveway and Carparking Code

 14.111.2 The overall outcomes sQiJghtfor the Driveways and Carparking Code are the follo'I>;ng-

 a)   Safe and reasonable access to and from vehicle accommodation and standing areas within a
      property and from the public road is provided;

 b)   The safety of pedestrians and cyclists is protected;

 d)   Carpar1<ingspaces and the associated manoeuvring areas provided are designed to be safe
      and functional and meet the reasonable requirements of the particular land use;

 e)   Adequate provision is made for the strlnding, parking, loading and unloading, access and
      manoeuvring of service vehicles within the development site;


The application fails to demonstrate with material provided how compliance can be achieved
to meet these outcomes. The site presently has a vehicle hire business established which
utilised an unformed gravel carpark for both maintenance and washing of hire vehicles and
their storage and promotion. Additionally     on site, motor scooters and bicycles are hired and
displayed taking up further land within the sites boundaries .




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The present access to the site is unsafe for both vehicles and pedestrians and there is not
being proposed within plans a car parking layout to meet standards for customers or delivery
vehicles. Vehicles accessing the site have the potential to block the pedestrian flow along
Noosa Drive in turn forcing pedestrians onto the busy road.

  Table 14-49 -      Driveways
                         column 1
                      Specific Outcomes
  14.113 General
  01     Vehicular access does not adversely impact on
  safety, cap a city and operations of the existing or
  planned road network, the proposed driveway,
  cycleways or pedestrian pathway systems.


Allowing an additional    use to occur on site that may require deliveries, and customers to
collect hire equipment    will only increase the possibility of safety being compromised   on an
access arrangement     which is at present dangerous for pedestrians and cyclists. The applicant
has not demonstrated     compliance.

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         Table 14-50 -    Carparking   and manoeuvring

                                column 1
                           Speeific Outcomes
         14.114 Carpark design and layout
         07     Sufficient carparking is provided to
          accommodate ttle number and type of vehicles likely
         to be generated by the development having regard
         to the specifics of the use including-
         a)    the type and intensity of land use;
         b) arlyexisting parking av~ilable Orl the site;
         c}    hours of operation;
         d)    likely nu mbers of users;
         e)    the peak parking demand periods of uses on
               the site; and
         fl    the ava~abi!itv of alternative caroorkino.
         08      The layout of ttle development provicles
         adequate, cleany defined arid easily accessible-
         a)    orl-site vehicle parkirlg and manoeuvring
               areas; arid
         b) loadirlg and marloeuvring areas for delivery
               arid service veh icles




         09 Parkirlg areas are located where they will not
         unduly conflict with pedestriarls and will not
         dominate the streetscaoe.
         010 Provision is made for aj."easorlable rlumber of
         on site carparkirlg spaces identified arid reserved for
         people with disabilities.

         011 Access and egress points do not impact on the
         safety and operations of the road system.




     The submitted    plans do not detail how the Specific Outcomes          507, 508, 5010 of the
     Carparking Code will be achieved. This again reflects the poorly          made application,   no
     consideration   of the existing use on site and limited       understanding   of the Noosa Plan
     requirements.   The applicant has not demonstrated    compliance.




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Summary
I do not support the application lodged and advertised as detailed in this submission. I believe
the applicant has failed to demonstrate     compliance with the relevant Use Codes with the
Noosa Plan and as such the application be refused.

The application is,


    •   Poorly made application with inadequate plans to demonstrate true operational size
    •   Has a size and scale of operation greater than the those submitted on plan
    •   Location is proposed in one set of plans within front boundary setback
    •   Vehicle access is unsafe and additional       traffic   create extreme   safety issues for
        pedestrians
    •   Insufficient space on site to provide carparking for customers at present up to 5 hire
        vehicles and 4 staff vehicles parked at anyone time
    •   No carparking design submitted to meet aust standards
    •   No vehicle turnaround    capacity so vehicles leave site in forward direction
    •   Existing carparking surface a non-pervious material making provision and compliance
        with disability access codes not possible
    •   Insufficient   space on site for operation   with existing Hire Car use and associated
        workshop, detailing and vehicle storage requirements.